California Court of Appeal

Senate Bill No. 402, allowing unions representing local public safety employees to demand binding arbitration of economic issues, is invalid under the California Constitution as 1) delegating to a private party the power to interfere with county money and perform a municipal function, and 2) impinging on the county's power to provide for the compensation of county employees.

Appellate Information

• Decided 04/22/2002
• Published 04/22/2002

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Steven L. Mayer, Kimberly A. Bliss;  William C. Katzenstein, County Counsel, and Robert M. Pepper, Principal Deputy County Counsel, for Petitioners., JoAnne Speers, Sacramento, for League of California Cities' Legal Advocacy Committee Executive Committee as Amicus Curiae on behalf of Petitioners., John J. Sansone, County Counsel, Diane Bardsley, Special Assistant County Counsel (San Diego), Kathleen Bales Lange, County Counsel, and Teresa M. Saucedo, Deputy County Counsel (Tulare), for Counties as Amici Curiae on behalf of Petitioners., Timothy A. Bittle for Howard Jarvis Taxpayers Association as Amicus Curiae on behalf of Petitioners., Olins, Foerster & Hayes and Dennis J. Hayes, San Diego, for Real Party in Interest., Bill Lockyer, Attorney General, Manuel M. Medeiros, Senior Assistant Attorney General, Andrea Lynn Hoch, Lead Supervising Deputy Attorney General, Louis R. Mauro, Supervising Deputy Attorney General, and Christopher E. Krueger, Deputy Attorney General, for Bill Lockyer, Attorney General as Amicus Curiae on behalf of Real Party in Interest., Silver, Hadden & Silver and Stephen H. Silver, Santa Monica, for Ventura County Deputy Sheriffs' Association as Amicus Curiae on behalf of Real Party in Interest., Olson, Hagel, Waters & Fishburn, George Waters, Sacramento, and Thomas E. Gauthier for Peace Officers Research Association of California and California Professional Firefighters as Amici Curiae on behalf of Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.